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HomeMy WebLinkAboutP-21-412 Agreement Conduent Healthy Communities Corporation.pdfConduent Healthy Communities Corporation CONDUENT CONFIDENTIAL County of Fresno Page 1 of 2 CA September 2021 June 4, 2019June 4, 2019 AMENDMENT 1 TO LICENSE AGREEMENT This Amendment 1 this Amendment made and entered into as of the date it has been executed by the last party below by and between Conduent Healthy Communities Corporation (C ) and County of Fresno , amends the License Agreement made on and entered into as of June 20, 2018 , by and between CHCC and Client as follows: 1. The term of the Agreement is by mutual agreement of the parties extended from October 1, 2021 through September 30, 2024. 2. The Annual License Fee for the Extension Period shall be as follows: Year 1: From October 1, 2021 through September 30, 2022, Twenty-Seven Thousand dollars ($27,000) Year 2: From October 1, 2022 through September 30, 2023, Thirty Thousand dollars ($30,000) Year 3: From October 1, 2023 through September 30, 2024, Thirty Thousand dollars ($30,000) 3. The parties agree that CHCC will adhere to the insurance requirements set forth in Exhibit A to the terms of This Amendment is hereby incorporated into the Agreement. All other terms, conditions and obligations of the Agreement not modified or amended by the terms of this Amendment are hereby ratified, reaffirmed and remain in full force and effect. This Amendment may be executed in multiple counterparts, by facsimile, by electronic signature or otherwise, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. The signatories each represent that he or she is fully authorized to enter into the terms and conditions of this Amendment. For Conduent Healthy Communities Corporation ________________________________ Sheila Curr Title: ______________________________ Date: ______________________________ 100 Campus Drive, Suite 200 Florham Park, NJ 07932 For County of Fresno Print Name:________________________ Title: ______________________________ Date: ______________________________ 1221 Fulton Street Fresno, CA 93721 Gary Cornuelle Purchasing Manager 10/8/2021 P-21-412 Conduent Healthy Communities Corporation CONDUENT CONFIDENTIAL County of Fresno Page 2 of 2 CA September 2021 June 4, 2019June 4, 2019 EXHIBT A Insurance Requirements Without limiting Client's right to obtain indemnification from CHCC or any third parties, CHCC, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self- insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policyshall be issued on a per occurrence basis. Client may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability If CHCC/S employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. E. Intentionally left blank F. Additional Requirements Relating to Insurance CHCC shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by Client, its officers, agents and employees shall be excess only and not contributing with insurance provided under CHCC policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to Client. Within Thirty (30) days from the date CHCC signs and executes this Agreement, CHCC shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O. Box 11867, Fresno, CA 93775, Attention: Contracts Section 6th Floor, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by Client, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CHCC policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to Client. In the event CHCC fails to keep in effect at all times insurance coverage as herein provided, Client may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be issued by admitted insurers licensed to do business in the State of California, and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. P-21-412 1.1 Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section. (A)An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. (B)Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceedin g, and (2) has the same force and effect as the valid original handwritten signature of that person. (C)The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). (D)Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. (E)This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. P-21-412